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Minority Voting Rights

Redistricting Tested in the Supreme Court - Podcast

Free Speech & Election Law and Civil Rights Practice Groups Podcast
Maya Noronha December 07, 2016

On December 5, the U.S. Supreme Court will hold oral arguments on two redistricting cases, Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris. After the movement of population, both Virginia and North Carolina legislatures redrew plans for their state legislative districts. However, plaintiffs in each state challenged the plans as racial gerrymanders diluting the vote of African-American voters. Both cases raise the question of how to comply with the Voting Rights Act requirement that racial minorities have the ability to elect representatives of their choice, along with the Constitutional prohibition of race predominating in the drawing of plans. The Court will be also be asked to clarify the acceptable ways to consider minority populations in drawing plans, what plaintiffs need to show to prove a racial gerrymander, and what would trigger strict scrutiny.

Featuring:

  • Ms. Maya M. Noronha, Associate, Baker & Hostetler LLP

 

Wittman v. Personhuballah - Post-Decision SCOTUScast

SCOTUScast 6-15-16 featuring Derek Muller
Derek Muller June 15, 2016

On May 23, 2016, the Supreme Court decided Wittman v. Personhuballah. In 2012, the Virginia State Legislature adopted a redistricting plan that altered the composition of the Third Congressional District by increasing the percentage of African-American voters in the district. In 2013, a number of Third District residents sued state election officials, arguing that the District was racially gerrymandered in violation of the Equal Protection Clause of the Fourteenth Amendment. A three-judge district court agreed and held the redistricting plan to be unconstitutional, but the U.S. Supreme Court vacated that judgment and remanded the case for reconsideration in light of its intervening decision in Alabama Legislative Black Caucus v. Alabama. On remand, the district court again held that the redistricting plan was unconstitutional and ordered the Virginia General Assembly to devise a remedial plan. When the Assembly did not do so the court devised its own remedial plan and ordered election officials to implement it.

Ten Members of Congress from Virginia, intervenors in the District Court below, appealed its rejection of the 2012 plan to the Supreme Court, alleging various errors in the District Court’s reasoning. By a vote of 8-0, the Supreme Court dismissed the appeal. Writing for a unanimous Court, Justice Breyer indicated that the intervenors lacked standing to pursue their appeal.

To discuss the case, we have Derek Muller, who is Associate Professor of Law at Pepperdine University School of Law.

“One Person, One Vote”?: Supreme Court Decides Evenwel v. Abbott - Podcast

Civil Rights Practice Group Podcast
Andrew Grossman April 04, 2016

In an 8-0 judgement announced on April 4, 2016, the U.S. Supreme Court held that it is permissible, but not mandatory, to draw legislative districts based on total population rather than on voting population. Our expert discussed Justice Ginsburg’s opinion, as well as the concurrences of Justices Thomas and Alito.

Featuring:

  • Andrew Grossman, Partner, Baker & Hostetler LLP, and Adjunct Scholar, Cato Institute

Wittman v. Personhuballah - Post-Argument SCOTUScast

SCOTUScast 3-30-16 featuring Derek Muller
Derek Muller March 30, 2016

On March 21, 2016, the Supreme Court heard oral argument in Wittman v. Personhuballah. In 2012, the Virginia State Legislature adopted a redistricting plan that altered the composition of the Third Congressional District by increasing the percentage of African-American voters in the district. In 2013, plaintiffs, who reside in the Third District, sued state election officials, arguing that the District was racially gerrymandered in violation of the Equal Protection Clause of the Fourteenth Amendment. A three-judge district court agreed and held the districting plan to be unconstitutional, but the U.S. Supreme Court vacated that judgment and remanded the case for reconsideration in light of its intervening decision in Alabama Legislative Black Caucus v. Alabama. On remand, the district court held that the redistricting plan failed strict scrutiny and ordered the Virginia General Assembly to devise a remedial plan. When the Assembly did not do so the court devised its own remedial plan and ordered election officials to implement it.

On further appeal, there are four questions now before the Supreme Court: (1) Whether the court below erred in failing to make the required finding that race rather than politics predominated in District 3, where there is no dispute that politics explains the Enacted Plan; (2) whether the court below erred in relieving plaintiffs of their burden to show an alternative plan that achieves the General Assembly's political goals, is comparably consistent with traditional districting principles, and brings about greater racial balance than the Enacted Plan; (3) whether, regardless of any other error, the finding of a Shaw violation by the court below was based on clearly erroneous fact-finding; (4) whether the majority erred in holding that the Enacted Plan fails strict scrutiny because it increased District 3's black voting-age population percentage above the benchmark percentage, when the undisputed evidence establishes that the increase better complies with neutral principles than would reducing the percentage and no racial bloc voting analysis would support a reduction capable of realistically securing Section 5 preclearance.

To discuss the case, we have Derek Muller, who is Associate Professor of Law at Pepperdine University School of Law.

“One Person, One Vote”: Evenwel v. Abbott Oral Argument Preview - Podcast

Civil Rights Practice Group Podcast
Bradley A. Benbrook, C. Dean McGrath December 18, 2015

Our Teleforum previewed the oral argument in the Supreme Court in Evenwel v. Abbott. What is meant, precisely, by the term “one person, one vote”? What are its implications for apportioning legislative districts? Does the Equal Protection Clause allow States to use total population, or does it require States to use voter population, when apportioning its legislative districts? What are the best arguments to be made by each side? These and other questions were addressed as we previewed one of the most talked-about cases of the Term.

Featuring:

  • Bradley A. Benbrook, Founding Partner, Benbrook Law Group
  • C. Dean McGrath Jr., Founder, McGrath & Associates